United States v. Robinson

(dissenting):

I dissent from the court’s decision to deny reconsideration en banc. In the past, the validity of the remedy afforded this accused has been of only intellectual interest. See United States v. Anderson, 46 M.J. 540 (N.M.Ct.Crim.App.l997)(Wynne, J., concurring). Today, however, we dismiss a conviction without the legal authority to do so. The mandate and authority of our court is extensive. United States v. Cole, 31 M.J. 270, 272 (C.M.A.1990). But, “the creature that our law knows as a criminal appeal is one solely of statutory origin.” United States v. Larneard, 3 M.J. 76, 79…